Vehicle Standard (Australian Design Rule 28/01 – External Noise of Motor Vehicles) 2006

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2006L01279 In force Legislative Instrument

Legislation content

 

 

 

 

 

MOTOR VEHICLE STANDARDS ACT 1989

 

Vehicle Standard (Australian Design Rule 28/01 External Noise of Motor Vehicles) 2006

 

 

 

E X P L A N A T O R Y     S T A T E M E N T

 

 

 

 

 

 

 

 

 

Issued by the authority of the Minister for Local Government, Territories and Roads

 

March 2006


1. Legislative Context for ADR 28/01

Vehicle Standard (Australian Design Rule 28/01 External Noise of Motor Vehicles) 2006 is made under the Motor Vehicle Standards Act 1989 (the Act).  The Act enables the Australian Government to establish nationally uniform standards for road vehicles when they are first supplied to the market in Australia.  The Act applies to such vehicles whether they are manufactured in Australia or are imported as new or second hand vehicles.

The making of the vehicle standards necessary for the Act's effective operation is provided for in section 7 which empowers the Minister to "determine vehicle standards for road vehicles or vehicle components".

Australian Design Rule (ADR) 28/01 was originally determined in Motor Vehicle Standards Determination No. 3 of 1989 and has been amended in subsequent determinations.  ADR 28/01 is being remade to comply with the requirements of the Legislative Instruments Act 2003 and to enable its registration in accordance with the requirements of the Federal Register of Legislative Instruments.  The remaking of ADR 28/01 has not substantially altered the requirements of the standard as last determined.

2. Content and Effect of ADR 28/01

ADR 28/01 prescribes external noise limits on noise generated by motor vehicles in order to limit the contribution of motor traffic to community noise and describes the standard test methods for measuring that noise.

3. Consultation Arrangements

3.1 General Arrangements

It has been longstanding practice to consult widely on proposed new or amended vehicle standards.  For many years there has been active collaboration between the Australian and the State/Territory Governments, as well as consultation with industry and consumer groups.  Much of the consultation takes place within institutional arrangements established for this purpose.  The analysis and documentation prepared in a particular case, and the bodies consulted, depend on the degree of impact the new or amended standard is expected to have on industry or road users. 

A Memorandum of Understanding (MOU) between the National Transport Commission (NTC) and the National Environment Protection Council (NEPC) sets out the consultative arrangements governing the development of vehicle emissions and noise standards and other vehicle/environmental issues.  The MOU established the Land Transport Environment Committee (LTEC) (consisting of four representatives each from transport and environment agencies), to undertake an agreed work program consistent with the MOU.

Depending on the nature of the proposed changes, consultation may involve the Transport Emissions Liaison Group (TELG), Transport Agencies Chief Executives (TACE), National Environment Protection Council Committee (NEPC Committee), Environment Protection and Heritage Council (EPHC) and the Australian Transport Council (ATC).

TELG is the main consultative group that supports LTEC.  It contains representatives of:

      transport and environment agencies ;

      the manufacturing arms of the vehicle and fuels industry (including the Federal Chamber of Automotive Industries, the Truck Industry Council and the Australian Institute of Petroleum);

      road user organisations (the Australian Automobile Association and the Australian Trucking Association); and

      the National Environment Consultative Forum.

TACE consists of the chief executives of national and State/Territory departments of transport and road vehicle administrations.

ATC consists of the Commonwealth, State/Territory and New Zealand Ministers with responsibility for transport issues.  NEPC consists of Commonwealth and State/Territory Ministers with responsibility for environment issues.

Editorial changes and changes to correct errors are settled by agreement between the Department of Transport and Regional Services and the NTC.  This process is only invoked where the amendments do not vary the intent of the national standard. 

New standards, or significant changes that increase the stringency of existing standards, are subject to a vote by ATC Ministers.  Unless disapproved by a majority of ATC Ministers, the Minister for Local Government, Territories and Roads, can then determine the new or amended standards, under the authority of the Minister for Transport and Regional Services.  Proposals that are regarded as significant need to be supported by a Regulation Impact Statement meeting the requirements of the Office of Regulation Review as published in A Guide to Regulation. 

3.2 Specific Arrangements for this Standard

No formal consultation was undertaken for the 2006 remaking of ADR 28/01, as the requirements of the remade standard have not materially changed since its last gazetted amendment.  The Office of Regulation Review has advised the Department of Transport and Regional Services that a RIS is not required for the remaking of a standard simply for the purposes of registration on the Federal Register of Legislative Instruments. 

Overview

The Vehicle Standard (Australian Design Rule 28/01 — External Noise of Motor Vehicles) 2006 was enacted to provide for uniform standards governing the external noise of motor vehicles, operating under the Motor Vehicle Standards Act 1989. This Act was introduced by the Australian Government to establish consistent standards for all road vehicles supplied in Australia, regardless of whether they are manufactured domestically or imported. The Act empowers the Minister to determine these vehicle standards, which in this case pertains to limiting the external noise generated by motor vehicles to reduce their contribution to community noise. The purpose of ADR 28/01 is to set specific noise limits and to outline the standard test methods for measuring vehicle noise, thereby ensuring compliance with noise regulations. The remaking of ADR 28/01 was conducted to align with the requirements of the Legislative Instruments Act 2003 and for the purpose of registering it on the Federal Register of Legislative Instruments. The legislative process involved extensive consultation with various governmental bodies, industry stakeholders, and consumer groups, as per the established consultative arrangements. These consultations, particularly through entities like the Land Transport Environment Committee (LTEC) and the Transport Emissions Liaison Group (TELG), ensure that the standards are developed with input from all relevant parties, maintaining a balance between environmental protection and industry needs. The remaking did not substantially alter the existing requirements of the standard, and hence, formal consultation was not deemed necessary for this particular amendment.

Scope and Application

The Motor Vehicle Standards Act 1989, through the Vehicle Standard (Australian Design Rule 28/01 — External Noise of Motor Vehicles) 2006, applies to all road vehicles supplied in Australia, regardless of whether they are manufactured domestically or imported, whether new or second-hand. This legislation empowers the Minister to establish vehicle standards that set national uniform criteria for the external noise levels of motor vehicles. The purpose of these standards is to regulate the contribution of motor traffic to community noise by prescribing specific noise limits and test methods. The Act's jurisdiction extends across the Commonwealth, ensuring that all vehicles within Australia must comply with these noise standards. While the Act primarily regulates the noise levels of vehicles, it does not explicitly detail exclusions or exemptions, but such provisions would be defined within the specific ADRs or any subordinate instruments that may further clarify application. The remaking of ADR 28/01 was done to comply with modern legislative requirements and to register it on the Federal Register of Legislative Instruments, but it maintained the same substantive requirements as previously determined.

Key Provisions

The Motor Vehicle Standards Act 1989 (the Act) allows the Australian Government to establish uniform standards for road vehicles when they are first supplied to the market in Australia, whether they are manufactured domestically or imported (section 7). This includes setting vehicle standards for external noise generated by motor vehicles through the Australian Design Rule (ADR) 28/01. The ADR 28/01, which has been amended and remade in 2006, prescribes specific external noise limits to reduce the impact of motor traffic on community noise and describes the standard test methods for measuring this noise. The ADR 28/01 places obligations on manufacturers to ensure that the vehicles they supply to the market comply with the specified noise limits. This includes adhering to the test methods outlined in the ADR to measure and certify the noise levels of their vehicles. Vehicle importers and suppliers are also required to ensure that the vehicles they supply meet these noise standards, and they must be able to provide evidence of compliance if required by authorities. Failure to comply with the noise limits specified in ADR 28/01 can result in civil and criminal consequences. Under the Act, penalties can be imposed for non-compliance with vehicle standards, including fines and, in some cases, prosecution. The specific penalties are not detailed in the explanatory statement, but generally, the Act allows for penalties that are sufficient to ensure compliance and may include significant fines for both individuals and corporations. Additionally, vehicles that fail to meet the noise standards may not be eligible for registration, and their owners could face legal action if they continue to use or sell non-compliant vehicles.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.